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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7312
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My son is incarcerated. s assets are frozen at two banks and

Customer Question

My son is incarcerated. His assets are frozen at two banks and one credit union. I am his general POA. If I open an account at another bank with him as the owner and me added as POA - will his 401k check be safely deposited?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Why are all of his accounts frozen? Is he under a court order to pay restitution? In theory, if a bank will allow you to open an account for him as POA, and he can direct his 401(k)payments to be made to that account, The accounts will be frozen unless and until someone brings it to the attention of the court and obtains in order to that effect. The court will have to clarify how much of his income is exempt from the execution for restitution purposes

Customer: replied 1 year ago.
Drug activity. He has not gone to trial yet n some of his account balance is due to direct deposits from employment.
Expert:  Irwin Law replied 1 year ago.

That shouldn't prevent opening a separate account for him. An attorney might be able to unfreeze some of the accounts in order to provide bail money and attorney fees for his defense.

Customer: replied 1 year ago.
My main concern has been if a new account would be automatically frozen or only the ones that are frozen already. It is his 401k check in his name from vanguard. I've been afraid to open an account n deposit the check only to have it frozen as well. I am out of options though. I'll have to chance it because I can't just sit on this check. The bank I chose said that the account would have to be in his name n me listed as POA.
Expert:  Irwin Law replied 1 year ago.

Good luck. A good criminal lawyer should be consulted as soon as possible.

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